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IN THE HIGH COURT AT CALCUTTA
Subhasis Dasgupta, J.
Subir Sen & Ors. – Appellant
Versus
Sree Sree Radha Gobinda Jew & Ors. – Respondent
| Table of Content |
|---|
| 1. claim of tenancy rights (Para 2 , 3) |
| 2. need for local inspection (Para 4 , 5) |
| 3. opposition to local inspection (Para 6) |
| 4. padlocks on premises (Para 7 , 8 , 9) |
| 5. irrelevance of local inspection (Para 10) |
| 6. court's reasoning on inspection (Para 11) |
| 7. revisional application outcome (Para 12) |
| 8. urgent certified copy (Para 13) |
JUDGMENT
Subhasis Dasgupta, J.
The impugned order No.49 dated 17th April, 2018, passed by Learned Judge, 10th Bench, City Civil Court, Calcutta, rejecting the prayer for local inspection under Order XXXIX Rule 7 read with Section 151 of the Code of Civil Procedure filed by the plaintiffs is a subject of challenge in this revisional application under Article 227 of the Constitution of India.
2. The petitioners/plaintiffs filed a suit for declaration of their tenancy right in respect of tenanted premises held by one Dr. Sen claiming themselves to be the nephew/near relatives of deceased Dr. Sen. Both Dr. Sen and his wife died issuless on 2.1.2000 and 25.1.2010 respectively. The petitioners claiming themselves to be near relatives/heirs of the deceased erstwhile tenant wanted to have the tenanted premises inspected by appointment of a learned Inspecti
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